surrogate parenting agreement
surrogate-parenting agreement. A contract between a woman and typically an infertile couple under which the woman provides her uterus to carry an embryo throughout pregnancy; esp., an agreement between a person (the intentional parent) and a woman (the surrogate mother) providing that the surrogate mother will (1) bear a child for the intentional parent, and (2) relinquish any and all rights to the child. • If the surrogate mother is married, her husband must also consent to the terms of the surrogacy contract. The agreement usu. provides that the woman will relinquish to the couple any parental rights she may have upon the birth of the child. Complex issues arise concerning who is the parent of the resulting child: the genetic donor of egg or sperm, a spouse of either donor, the surrogate, or the person intending to care for the resulting child? American jurisdictions are split on the interpretation and enforceability of these contracts. — Also termed surrogacy contract. See surrogate mother under MOTHER; intended child under CHILD; intentional parent under PARENT. [Cases: Children Out-of-Wedlock 1; Contracts 108(2). C.J.S. Children Out-of-Wedlock §§ 2–11; Contracts §§ 269–270, 272–273, 277.]
